Texas Jury Instruction — 4.4.2 Rule 10(b— - 5(b) Misrepresentations — Omissions Of Material Facts is a legal instruction used in Texas courts to provide guidance to the jury regarding misrepresentations and omissions of material facts in a case. This instruction is specifically related to Rule 10(b) — 5(b) of the Texas Rules of Civil Procedure. Keywords: Texas Jury Instruction, Rule 10(b), Rule 5(b), Misrepresentations, Omissions of Material Facts, Texas Rules of Civil Procedure Types of Texas Jury Instruction — 4.4.2 Rule 10(b— - 5(b) Misrepresentations — Omissions Of Material Facts: 1. Intentional Misrepresentations: This type of misrepresentation occurs when a party deliberately makes false statements or conceals material facts to deceive the other party or gain an advantage in the case. The instruction guides the jury on how to evaluate the evidence and determine if intentional misrepresentations occurred. 2. Negligent Misrepresentations: This type of misrepresentation happens when a party negligently provides false information or fails to disclose material facts without having a reasonable belief in the truthfulness of the statement. The instruction assists the jury in assessing if the misrepresentation was a result of negligence. 3. Material Facts: The instruction emphasizes the importance of material facts, which are the information that could potentially influence the outcome of the case. It educates the jury on identifying what constitutes material facts and how their omission or misrepresentation can impact the case. 4. Evaluation of Evidence: This instruction guides the jury on how to properly evaluate the evidence presented regarding misrepresentations or omissions. It instructs them to consider the credibility of the witnesses, examination of relevant documents, and other supporting evidence to ascertain if misrepresentations or omissions occurred. 5. Burden of Proof: The instruction also explains the burden of proof required to establish misrepresentations or omissions of material facts. It clarifies that the party making the claim must demonstrate by a preponderance of the evidence that such misrepresentations or omissions occurred. Overall, Texas Jury Instruction — 4.4.2 Rule 10(b— - 5(b) Misrepresentations — Omissions Of Material Facts provides a detailed framework for the jury to consider misrepresentations and omissions in a civil case, ensuring a fair and just decision takes place based on the evidence presented.